[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2994 Reported in Senate (RS)]






                                                      Calendar No. 1059
110th CONGRESS
  2d Session
                                S. 2994

                          [Report No. 110-488]

  To amend the Federal Water Pollution Control Act to provide for the 
       remediation of sediment contamination in areas of concern.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 8, 2008

  Mr. Levin (for himself, Mr. Voinovich, Ms. Stabenow, Mr. Obama, Mr. 
   Brown, Mrs. Clinton, Mr. Schumer, Ms. Klobuchar, Mr. Coleman, Mr. 
 Casey, and Mr. Durbin) introduced the following bill; which was read 
  twice and referred to the Committee on Environment and Public Works

           September 24 (legislative day, September 17), 2008

               Reported by Mrs. Boxer, without amendment

_______________________________________________________________________

                                 A BILL


 
  To amend the Federal Water Pollution Control Act to provide for the 
       remediation of sediment contamination in areas of concern.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Great Lakes Legacy Act of 2008''.

SEC. 2. REMEDIATION OF SEDIMENT CONTAMINATION IN AREAS OF CONCERN.

    Section 118(c)(12) of the Federal Water Pollution Control Act (33 
U.S.C. 1268(c)(12)) is amended--
            (1) in subparagraph (B)--
                    (A) by redesignating clauses (i), (ii), and (iii) 
                as clauses (v), (i), and (ii), respectively, and moving 
                the clauses so as to appear in numerical order;
                    (B) in clause (i) (as redesignated by subparagraph 
                (A)), by striking ``or'' at the end; and
                    (C) by inserting after clause (ii) (as redesignated 
                by subparagraph (A)) the following:
                            ``(iii) is a demonstration or pilot project 
                        that uses innovative approaches, technologies, 
                        or techniques for the remediation of sediment 
                        contamination;
                            ``(iv) restores aquatic habitat after 
                        remediation; or'';
            (2) by striking subparagraph (C) and inserting the 
        following:
                    ``(C) Priority.--
                            ``(i) In general.--In selecting projects to 
                        carry out under this paragraph, the 
                        Administrator shall give priority to a project 
                        that--
                                    ``(I) constitutes remedial action 
                                for contaminated sediment;
                                    ``(II)(aa) has been identified in a 
                                remedial action plan submitted under 
                                paragraph (3); and
                                    ``(bb) is ready to be implemented;
                                    ``(III) will use an innovative 
                                approach, technology, or technique that 
                                may provide greater environmental 
                                benefits, or equivalent environmental 
                                benefits at a reduced cost; or
                                    ``(IV) includes remediation to be 
                                commenced not later than 1 year after 
                                the date of receipt of funds for the 
                                project.
                            ``(ii) Environmental significance.--
                        Notwithstanding any regulation promulgated or 
                        guidance issued to implement this section, the 
                        Administrator may provide additional 
                        consideration to a project that is--
                                    ``(I) funded by a potentially 
                                responsible party; and
                                    ``(II) determined to be of greater 
                                environmental significance than a 
                                competing proposal.'';
            (3) in subparagraph (E)--
                    (A) in clause (iii)--
                            (i) in subclause (I)--
                                    (I) by inserting ``(including any 
                                in-kind services or funds provided in 
                                implementing the administrative order 
                                on consent or judicial consent 
                                decree)'' after ``judicial consent 
                                decree''; and
                                    (II) by striking ``but'' at the 
                                end;
                            (ii) by redesignating subclause (II) as 
                        subclause (III); and
                            (iii) by inserting after subclause (I) the 
                        following:
                                    ``(II) may include funds paid, or 
                                the value of any in-kind service 
                                performed, by a potentially responsible 
                                party, subject to the condition that 
                                the eligibility of the potentially 
                                responsible party to contribute to the 
                                non-Federal share is evaluated on the 
                                merits on a site-specific basis, in the 
                                context of added value, such as at 
                                sites at which an orphan share exists 
                                or the remedy will be enhanced (such as 
                                where the qualitative or quantitative 
                                scope of the remediation is improved, 
                                innovative methods are employed, or the 
                                remediation will be accelerated); 
                                but''; and
                    (B) by adding at the end the following:
                            ``(v) Payment and retention of non-federal 
                        share.--The non-Federal sponsor for a project 
                        under this paragraph may pay to the 
                        Administrator, for retention and use by the 
                        Administrator in carrying out the project, the 
                        non-Federal share of the cost of the 
                        project.'';
            (4) by striking subparagraph (F);
            (5) by redesignating subparagraph (G) as subparagraph (F);
            (6) by redesignating subparagraph (H) as subparagraph (I);
            (7) by inserting after subparagraph (F) (as redesignated by 
        paragraph (5)) the following:
                    ``(G) Advance payment and reimbursement costs.--The 
                Administrator, acting through the Program Office, may 
                enter into an agreement with a non-Federal sponsor to 
                carry out a project under this paragraph under which 
                the non-Federal sponsor may, as appropriate--
                            ``(i) pay in advance the non-Federal share 
                        of the cost of the project; and
                            ``(ii) receive from the Administrator 
                        reimbursement for amounts (other than the non-
                        Federal share) expended by the non-Federal 
                        sponsor for the project.
                    ``(H) Definition of potentially responsible 
                party.--In this paragraph, the term `potentially 
                responsible party' means an individual or entity that 
                may be liable under any Federal or State environmental 
                remediation law (including regulations) with respect to 
                a project carried out under this paragraph.''; and
            (8) in subparagraph (I) (as redesignated by paragraph (6)), 
        by striking ``$50,000,000 for each of fiscal years 2004 through 
        2008'' and inserting ``$150,000,000 for each of fiscal years 
        2009 through 2013''.

SEC. 3. PUBLIC INFORMATION PROGRAM.

    Section 118(c)(13) of the Federal Water Pollution Control Act (33 
U.S.C. 1268(c)(13)) is amended--
            (1) in the paragraph heading, by inserting ``and 
        participation'' after ``information'';
            (2) by striking subparagraph (A) and inserting the 
        following:
                    ``(A) In general.--The Administrator, acting 
                through the Program Office and in coordination with 
                States, Indian tribes, local governments, and other 
                entities, shall carry out a public information and 
                participation program, including by providing grants to 
                States, Indian tribes, corporations, nongovernmental 
                organizations, and other appropriate entities, for the 
                provision to the public of information and outreach 
                activities relating to the remediation of contaminated 
                sediment in areas of concern that are located wholly or 
                partially in the United States.''; and
            (3) in subparagraph (B), by striking ``2004 through 2008'' 
        and inserting ``2009 through 2013''.

SEC. 4. RESEARCH AND DEVELOPMENT PROGRAM.

    Section 106(b)(1) of the Great Lakes Legacy Act of 2002 (33 U.S.C. 
1271a(b)(1)) is amended by striking ``2004 through 2008'' and inserting 
``2009 through 2013''.
                                                      Calendar No. 1059

110th CONGRESS

  2d Session

                                S. 2994

                          [Report No. 110-488]

_______________________________________________________________________

                                 A BILL

  To amend the Federal Water Pollution Control Act to provide for the 
       remediation of sediment contamination in areas of concern.

_______________________________________________________________________

           September 24 (legislative day, September 17), 2008

                       Reported without amendment